2024 (1) TMI 1431

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....K & JITENDRA JAIN, JJ. For the Petitioners: Mr. Ravi Sawana a/w Ms. Neha Sharma. For the Respondents: Mr. Akhileshwar Sharma. P.C.:- 1. Heard learned counsel for the parties. 2. Learned counsel for the parties agreed that the common order can dispose of these petitions because there is substantially similar issue of law and facts. Accordingly, we issue Rule in these petitions. The R....

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....emained to be issued to the petitioners. 6. Considering the above admission and the law laid down by this Court in Hindustan Unilever Ltd. Vs. DCIT (2015) 233 Taxmann 353 (Bom.), Jet Privilege (P) Ltd. Vs. DCIT (2021) 131 taxmann.com 119 (Bom.) and Greatship (India) Ltd. Vs. ACIT (2022) 289 Taxmann 334 (Bom.), the impugned order of adjustments dated 5 June 2023 is set aside. However, liberty is....

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....ll be made by the respondents under Section 245 of the Income Tax Act. Such orders, after following law, must be made within two months from today, failing which the petitioners would be entitled to apply for withdrawal of such amount. 9. The orders under Section 245 of the Income Tax Act must be made having due regard to the above decisions of this Court, including, the decision in Hindustan U....

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....d 8 May 2023 in Writ Petition No.4891 of 2024 and 5 June 2023 in Writ Petition No.4879 of 2024, the respondents have vaguely asserted service. There is no clarity as regards proof of service. 12. Considering the law laid down in the above decisions, we accept the petitioners' case about them not being served with any intimation as contemplated under Section 245 of the Income Tax Act or granted ....